Lenard Clark Trial Move Is Denied

January 13, 1998|By Maurice Possley, Tribune Staff Writer.

Criminal Court Judge Daniel Locallo on Monday rejected a defense motion to move out of Cook County the trial of three young white Bridgeport-area men accused of severely beating a 13-year-old African-American youth.

Attorneys for the three defendants sought the move on the grounds their clients could not receive a fair trial locally.

Edward Genson, attorney for Caruso, vehemently argued for moving the trial outside Cook County because many officials, ranging from President Clinton to Cook County State's Atty. Richard Devine have made public comments about the case.

"What case have you seen in this courthouse where the president of the United States has gotten up and said things about it; where the mayor of Chicago has said things about it? All presuming guilt," Genson declared.

"When you get that sort of publicity, you get a jury venire (the jury pool) that presumes guilt," Genson said. "This was a horrible beating and a horrible crime."

In opposing the motion, Assistant State's Atty. Adrienne Mebane said, "The state believes the only way to determine (existence of prejudice) is to call in a venire and begin the selection process."

Locallo agreed. "It is not required that jurors be totally ignorant of the facts involved," he said, but rather that it be determined if prospective jurors can set aside any personal feelings to reach a fair verdict.

He said he would begin jury selection, now scheduled for March 16, and "be vigilant as to those individuals who say they cannot be fair. This court does not care what's said on the street."

Locallo said if the selection process proves difficult or impossible because of feelings against the defendants, he would select jurors in another county and move them to Chicago for the trial.

He also warned attorneys for both sides to refrain from making public comment on the merits of the case or the quality of evidence to reduce pretrial publicity.

The three defendants have been granted separate trials, with Jasas and Caruso demanding to be tried by a jury and Kwidzinski agreeing to a bench trial. Locallo plans to try all three defendants simultaneously, using two juries.